QUESTION
If a defendant has been charged and the prosecuting authority knows his whereabouts, what obligation do they have to act in a timely manner?
Asked on Nov 11th, 2012 on Criminal Law - Florida
5 ANSWERS
Michael J. Breczinski
Well if they wait too long and it impairs his ability to defend himself in court the charges could be dismissed.
Answered on Nov 15th, 2012 at 5:38 AM
Dennis P. Mikko
Once the prosecutor authorizes a warrant and the court issues it, it is placed with the police for the arrest. The prosecutor can make the police aware of last known address but the prosecutor will not be the person who serves the warrant. A valid warrant can remain in the LIEN system for an extended period of time.
Answered on Nov 14th, 2012 at 3:48 PM
They need to arraign him before 1 year, when prejudice is presumed.
Answered on Nov 14th, 2012 at 7:27 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What is a "timely manner". Your expectations may not be that of the prosecutor. Chances are he/she is building the case against you. Remember, the prosecutor has the burden of proof. The defendant has no burden. The prosecutor really only has one shot at this case, so I suspect that he/she is taking the appropriate time to put the case together.
Answered on Nov 14th, 2012 at 7:01 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The statute of limitations applies and depending upon the charge they would have 2 to 4 years to file the charges and have a warrant issued.
Answered on Nov 14th, 2012 at 5:52 AM